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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MITALI THAKURIA
Dyotikana Medhi, W/o Late Biro Bhadra Medhi – Appellant
Versus
Sarita Devi Jain, W/o Sri Sushil Kumar Jain – Respondent
| Table of Content |
|---|
| 1. historical context of probate and title litigation. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. scope of discretionary injunctions and pleading consistency requirements. (Para 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 3. limits of appellate interference in discretionary trial court orders. (Para 19 , 20 , 21 , 22 , 23 , 24) |
| 4. analysis of possession and status at time of suit. (Para 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34) |
| 5. prevention of self-help and restoration of status quo. (Para 35 , 36 , 37) |
JUDGMENT :
MITALI THAKURIA, J.
Heard Mr. D. Das, learned Senior Counsel assisted by Mr. F. Faridi and Mr. G. Bharadwaj, learned counsel for the appellants. Also heard Mr. S. Sarma, learned Senior Counsel assisted by Mr. I. Chhaya and Mr. A. Gautam, learned counsel appearing for the sole respondent.
2. This is an appeal filed under Order XLIII Rule 1(r) read with Section 104 of the Code of Civil Procedure, 1908 against the order dated 06.11.2025, passed by the learned Civil Judge (Sr. Division) No.1, Kamrup (M) at Guwahati in Misc. (J) Case No.852/2025, arising out of Title Suit No.505/2023.
3. The background of the present appeal is that Late Kali Ram Medhi had thre
Appellate courts should not interfere with a trial court's discretionary order for a mandatory injunction unless the order is perverse, arbitrary, or illegal. Mandatory injunctions are appropriate to....
In a suit for injunction over vacant land, genuine title disputes necessitate a suit for declaration; mere possession does not suffice without establishing title.
A suit for permanent injunction is not maintainable when a genuine dispute on title arises. The proper remedy is a comprehensive suit for declaration, reaffirming the principle that possession follow....
When there is a denial of title or a challenge raising a cloud, parties should file a suit for declaration of title, and adverse possession requires hostile possession denying the true owner's title.
A suit for permanent injunction is not maintainable without seeking a declaration of title when the plaintiff's title to the property is in dispute or under a cloud. The grant of patta and reliance o....
In a suit for permanent injunction, if the plaintiff establishes title, a reasonable presumption of lawful possession can be drawn. The defendant's challenge to the title must be examined to determin....
Even a trespasser cannot be dispossessed without following the due process of law - If the plaintiffs are in possession of the suit land, the plaintiffs ought to be protected by way of an injunction ....
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